Resisting an Officer without Violence


SHORSTEIN, LASNETSKI, & GIHON
helps people defend against
Resisting an Officer Without Violence
allegations.
Resisting an Officer without Violence is an offense that is often over charged by law enforcement when they feel their authority is questioned.  The line between civil disobedience and resisting an officer without violence is often blurred.  An arrest for Resisting an Officer without Violence is often made based on no other conduct than being slow to move from an area, not placing your hands behind your back quick enough, or other minimal conduct.  Give us a call to discuss your Resisting an Officer without Violence case.

What is Resisting an Officer without Violence?

Resisting an Officer without Violence is defined in Florida Statute Section 843.02.  In order to prove Resisting an Officer with Violence, the State must prove:
  • You resisted, obstructed, or opposed the victim, and
  • at the time, the victim was engaged in the execution of legal process or lawful execution of a legal duty, and
  • at the time, the victim was an officer or a person legally authorized to execute process, and
  • at the time, you knew the victim was an officer or a person legally authorized to execute process.

Who is considered an "officer" under this statute?

  • law enforcement officer
  • correctional officer
  • correctional probation officer
  • part-time law enforcement officer
  • part-time correctional officer
  • auxiliary law enforcement officer
  • auxiliary correctional officer
  • member of Florida Commission on Offender Review or any administrative aide or supervisor employed by the commission
  • parole and probation supervisor
  • county probation officer
  • personnel or representative of the Department of Law Enforcement (FDLE)
  • or other person legally authorized to execute process in the execution of legal process or in the lawful execution of any legal duty (process server)

What is the potential sentence for Resisting an Officer without Violence?

Resisting an Officer with Violence is a first degree misdemeanor punishable by up to 1 year in jail.

What are the possible defenses for Resisting an Officer without Violence?

The most common defenses to Resisting an Officer without Violence are that you did not resist and that the officer was not in the legal execution of his or her duties.  For example, if the officer is in the process of an illegal search or seizure, you would have the defense that the resistance was not offered while the officer was in the legal execution of his or her duties.  Each case is different and there may be several fact specific defenses.  Give us a call to discuss the possible defenses in your case.

If you or a loved one has been arrested for or accused of
Resisting an Officer without Violence,

Call Shorstein, Lasnetski & Gihon Now!

904-642-3332 (Jacksonville)
 
or 407-228-2019 (Orlando). 

Contact Us 24/7 Se habla Español